Bill Text: NJ S3171 | 2024-2025 | Regular Session | Amended
Bill Title: Establishes distinction between residential tenant and other occupants of hotel or motel for purpose of determining permitted removal actions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-06-17 - Reported from Senate Committee with Amendments, 2nd Reading [S3171 Detail]
Download: New_Jersey-2024-S3171-Amended.html
Sponsored by:
Senator TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Establishes distinction between residential tenant and other occupants of hotel or motel for purpose of determining permitted removal actions.
CURRENT VERSION OF TEXT
As reported by the Senate Community and Urban Affairs Committee on June 17, 2024, with amendments.
An Act distinguishing tenant from 1other1 hotel or motel 1[guest] occupants1 and supplementing chapter 42 of Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. For the purposes of this section:
1["Guest" means the same as the term is defined pursuant to N.J.S.2A:44-47]1
"Minor child" means a child under the age of 18 years but excludes a child residing in a placement funded or approved by the Division of Child Protection and Permanency in the Department of Children and Families pursuant to either a voluntary placement agreement or court order.
"Minor ward" means a minor child for whom a guardian is appointed.
b. For the purposes of determining whether a property owner shall be required to comply with the residential eviction process, and the restrictions on the removal of a tenant established pursuant to the Anti-Eviction Act, P.L.1974, c.49 (C.2A:18-61.1 et seq.), in order to remove 1[a guest] an occupant1 of a hotel or motel, the factors provided in this 1[section] subsection, subject to judicial discretion with respect to any additional facts of the case,1 shall be considered 1unless the occupant is prohibited from being considered a tenant pursuant to subsection c. of this section1. 1[Only if] If1 the following factors 1, and any additional facts as determined by judicial review,1 are generally accurate, shall the 1[guest] occupant1 of a hotel or motel be considered a tenant, not a transient guest:
(1) the 1[guest's] occupant's1 stay has lasted for three 1consecutive1 months or longer 1in the same unit1;
(2) the 1[guest] occupant1 has demonstrated an intent to stay for a long period of time through actions that may include, but shall not be limited to, 1changing their primary address on official government identification such as the guest's driver's license or New Jersey non-driver identification card to the hotel or motel address,1 registering to vote 1and utilizing the hotel or motel as their legal primary address,1 or sending the 1[guest's] occupant's1 children or minor ward to a public school, or 1[both, or using the address of the hotel or motel for the receipt of mail or commercial courier deliveries] any combination of the above1;
(3) the 1owner or1 operator of the hotel or motel 1[had reason to know] was notified1 that the 1[guest] occupant1 intended to be a long-term guest 1for three months or longer1;
(4) the hotel or motel is the 1[guest's] occupant's1 only place of residence;
(5) the majority of other 1[guests] occupants1 of the hotel or motel are long-term 1[guests] occupants1, and consider the hotel or motel as their primary residence;
(6) the living space of the 1[guest] occupant1 contains a stove, oven, and refrigerator; and
(7) the 1[guest] occupant1 has used personal linens, and has done their own housekeeping.
1c. Notwithstanding the provisions of subsection b. of this section: (1) an occupant shall be considered a tenant if they are receiving or in the appeals process to receive emergency assistance benefits pursuant to section 8 of P.L.1997, c.14 (C.44:10-51), and the hotel or motel is serving as temporary housing. An occupant shall lose tenant privileges, including the restrictions on the removal of a tenant established pursuant to the Anti-Eviction Act, P.L.1974, c.49 (C.2A:18-61.1 et seq.), as provided in subsection b. of this section, if emergency assistance has been denied or exhausted; and
(2) an occupant shall not be considered a tenant, and shall not benefit from the restrictions on the removal of a tenant established pursuant to the Anti-Eviction Act, P.L.1974, c.49 (C.2A:18-61.1 et seq.), if the occupant has willfully not provided the owner or operator with information necessary to register the occupant to the unit in which the occupant is assigned. This paragraph shall not apply to an occupant if an owner or operator willfully or negligently fails to collect occupant information necessary to register the occupant to the unit in which the occupant is assigned.1
2. This act shall take effect immediately.
